Senthil Kumar v. T.S.Vasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5833 of 2014 and M.P.No.1 of 2014 Senthil Kumar ... Petitioner Vs.

T.S.Vasan ... Respondent Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records in C.C.No.819 of 2013 on the file of the VII Metropolitan Magistrate, George Town, Chennai and to quash the same. For Petitioner : Mr.R.Amizhdhu

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.819 of 2013 on the file of the VII Metropolitan Magistrate, George Town, Chennai, having been taken cognizance for the offences punishable under Sections 138 to 142 of Negotiable Instruments Act.

2. The learned Counsel appearing for the petitioner would submit that the notice was not properly served on the petitioner and hence the proceeding under Section 138 of Negotiable Instruments Act cannot be sustained. Hence he prayed to quash the same.

3. It is seen from the charges that there are specific avernments to attract the offences as against the petitioner. Further it is also seen that there are materials to connect the petitioner to the offences. More over all the points raised by the petitioners have to be considered only during the trial. The petitioners at liberty to raise all the points before the Court below during the trial.

4. In view of the above discussion, this Court is not inclined to quash the proceedings in C.C.No.819 of 2013. However, considering the case is of the year 2013, the trial Court is directed to complete the trial proceedings within a https://hcservices.ecourts.gov.in/hcservices/

period of six months from the date of receipt of copy of this Order.

5. With the above directions, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rts To 1.The Metropolitan Magistrate Court-VII, George Town, Chennai.

2. -do- Through'The Chief Metropolitan Magistrate, Chennai +1cc to Mr.R.Amildhu, Advocate SR.No.13325 Crl.O.P.No.5833 of 2014 GMY(01/04/2019) https://hcservices.ecourts.gov.in/hcservices/